Opposition Parties Demand The Recusal Of Justice Gabanagae  

  • Say the Judge previously worked in close quarters with three of the members of IEC Commissioners
  • Say closeness of the said trio with Gabanagae creates perception of bias

 

SESUPO RANTSIMAKO

 

The opposition parties are demanding that Justice Mokwadi Chris Gabanagae recuse himself from the case in which the Umbrella for Democratic Change (UDC) and others are challenging the recent government appointment of the Independent Electoral Commission (IEC) Commissioners.

 

Letter to the bench clerk 

In a letter, the UDC and other opposition parties wrote to the bench clerk and Gabanagae through Moahi Attorneys, citing previous working relations with some of the appointed IEC Commissioners as the main reason for calling for his recusal. “The basis of the recusal is that the learned Gabanagae served on the delimitation commission with the trio from the time of appointment in May 2022 until February 2023, when they handed in the report. This proximity existed and continued for a period of nine months. The concerned Judge and the trio in this matter were colleagues and members of the said commission, which sat for meetings, deliberated, and traversed the country conducting public consultations. Therefore, this possible closeness of the said trio with Gabanagae creates a perception of bias as this matter further concerns the lawfulness of their appointments,” the opposition parties stated.

 

Perception of bias 

The combined opposition maintained that it is a matter of settled law that when there is a likelihood of bias or the perception that a Judge would likely be biased, the latter ought to recuse themselves. “In view of the above, may we have an indication from Gabanagae if he will be recusing himself, or rather, let us make an application to the court on the day the matter is called,” the opposition added.

 

Panel of judges  

Justice Gabanagae is part of a panel of three judges expected to hear the case in which the UDC and others are challenging the recent appointment of the IEC Commissioners. Gabanagae is joined by Justices Michael Leburu and Ookeditse Maphakwane.